In re the Estate of Ryan

New York Surrogate's Court

In re the Estate of Ryan

4 Misc. 2d 107, 157 N.Y.S.2d 277, 1956 N.Y. Misc. LEXIS 1347

New York Surrogate's Court·Decided December 3, 1956·Published

Opinion

Christopher C. McGrath, S.

It appears that the estate of deceased executrix is entitled to receive a substantial sum as undistributed income in the above estate.

The petitioner as a representative of a deceased income beneficiary is an executor of a “ residuary beneficiary ” within the intendment of subdivision 2 of section 133 of the Surrogate’s Court Act (Matter of Folsom, 3 Misc 2d 75).

Accordingly, letters of administration with the will annexed will issue to the petitioner upon filing a bond in the sum of $58,000 and otherwise qualifying pursuant to statute.

Settle decree.

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Christopher C. McGrath, S.

It appears that the estate of deceased executrix is entitled to receive a substantial sum as undistributed income in the above estate.

The petitioner as a representative of a deceased income beneficiary is an executor of a “ residuary beneficiary ” within the intendment of subdivision 2 of section 133 of the Surrogate’s Court Act (Matter of Folsom, 3 Misc 2d 75).

Accordingly, letters of administration with the will annexed will issue to the petitioner upon filing a bond in the sum of $58,000 and otherwise qualifying pursuant to statute.

Settle decree.

In re the Estate of Ryan, 4 Misc. 2d 107, 157 N.Y.S.2d 277, 1956 N.Y. Misc. LEXIS 1347 (N.Y. Super. Ct. 1956).

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Opinion

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